What to Do If You Get Bit by A Dog
An attorney will assess your experience and tell you what to do if you get bit by a dog in California.
Dogs are great pets.
They provide companionship and are often regarded as members of the family. With that said, some dogs can become aggressive toward strangers in certain situations, which may result in a dog bite and personal injury.
We recommend you contact a dog bite attorney near you sooner than later if you experienced a dog bite. In the meantime, you may find the following information helpful.
Today, we’re taking a closer look from the legal perspective so you know what to do if you get bit by a dog.
Let’s get started …
What to Do If You Get Bit by A Dog
So, what happens if you are attacked by a dog?
What are your legal rights? That depends on a number of factors. It depends on what injury you sustained, where it happened, whether you were trespassing, whether you provoked the dog, and more. It also depends on the state in which it happened. Different states have different laws concerning dog bites.
State laws that determine dog bite liability are two basic types. The first one is sometimes called the “one bite” law where the dog owner knew or should have known that the dog may bite someone. In the 1800s, if a dog owner were unaware of his dog’s aggressiveness, he would not have been found liable for the “first bite,” but that isn’t necessarily the case today.
The second type is a liability regardless of what the owner knew or should have known. This is called the “strict liability” law and happens to be the law that applies in California. This law makes owners always responsible for their dog, whether they knew about the dog’s propensities or not.
“Should have known” liability
In states where there is no dog bite statute or no other law that supersedes it, the general rule is that the owner is liable for a dog bite only in situations where he or she knew or should have known that the dog may bite someone.
If the dog owner knew the dog had aggressive tendencies and might bite someone, that owner is liable. An example would be that the owner knew the dog had bitten someone before.
But a previous bite is not necessary to show liability. The dog can be irritable after an operation or sickness, and in such case, the owner would be responsible for keeping others safe around the dog or become liable.
There is also a liability factor if the dog were kept on a chain, is known to be an aggressive breed, may be used as a watchdog or guard dog, etc.
It can be hard to prove the owner knew or should have known that his dog might bite someone. You would have to convince the court that it was “more likely than not” that the owner should have known.
As evidence, you could use the dog’s breed, whether the dog was used for protection, how the dog was trained, how and how often the dog was restrained by its owner, and other circumstances involving neighbors, etc.
“Strict” liability
In states having strict liability laws (including California), dog owners are held responsible for their dog’s actions, regardless of whether they could have done anything to prevent the event.
The dog owner (defendant) is liable if his dog bit you and:
- You (plaintiff) were legally allowed to be where you were when the bite occurred, and
- You did not provoke the dog.
Some laws apply to dog bites only while others apply generally to all domestic animal attacks. Some laws pertain to bites specifically while others cover any kind of harm caused by an animal. And some laws apply only to specific victims in specific locations.
The California law on dog bites states:
“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
So, you would have a case if you were legally in some place when you were bitten by a dog, and you did nothing to provoke the dog. Military and police dogs (dogs on duty) are usually exempt from this law.
You would have to prove that the dog bite was actually harmful and caused damage, and you can include factors like physical pain as well as emotional suffering. You or a child might be traumatized by a dog attack.
In California, a dog bite is considered a personal injury, and there is a statute of limitations for personal injury lawsuits that is two years from the date of the bite. If you make a claim beyond two years, your case will probably not be heard.
Defenses to dog bite liability in California
To have a valid claim, you would have to be in a public place or lawfully in a private place when you are bitten. If you are trespassing, you may not be able to file a personal injury lawsuit.
If you provoked the dog in some way, the owner may not be liable. This includes intentional actions like teasing or poking the dog. However, if someone accidentally stepped on a dog he didn’t see, the action could also lead to a provoking defense because something still happened to the dog to make it react aggressively.
So, one of the first things you will have to do is show that you did not provoke the dog and convince the judge or jury that at least 50 percent of the dog’s action was not due to provoking. This is a “preponderance of evidence” requirement for civil cases to establish the burden of proof.
Strange as it sounds, the court will consider the dog’s actions compared with those of an (implied) reasonable dog. If a dog is overly aggressive toward any slight provocation, the owner may be liable. If you bothered an aggressive breed of dog while it was eating, that may be considered a provocation.
An attorney can help
The best advice is to hire an attorney to help you with a dog bite suit. The attorney can explain the state statutes, your circumstances relative to dog breed, location, and kind of attack, the burden of proof needed, any state law anomalies, etc.
Your attorney can advise you on the degree of liability the dog owner may have and whether some sort of settlement should be proposed.Other actions may be involved including the possibility that the dog in question can be declared dangerous, with a set of strict restrictions placed upon the owner and severe penalties issued for the dog, with the possibility of the dog being destroyed.
The attorney could also help predict possible costs of damages that you might recover, although the jury will decide that. These might include loss of wages and quality of life.
There are many factors to consider in establishing liability including what is considered reasonable or unreasonable in each element of the case. An attorney can help you through the process.
Are you in search for a certified attorney to represent you?
Let us help you find one today!
